1. Definitions

For the purpose of this by-law, the following shall have the corresponding meanings:

a.  “Applicant” means the property owner of lands or his authorized agent requiring a water service;

b.  “Application” means an application in the form prescribed by the Water Purveyor by an applicant requesting a connection to the County’s Water Works system;

c.  “Alternate Water Supply” means a water source other than the municipally supplied potable source;

d.  “Backflow” means the flowing back of, or the reversal of the normal direction of flow of water;

e.  “Backflow Prevention Device” means a device that prevents backflow;

f.  “Building Code Act” means the Building Code Act, S.O. 1992, c23, as amended, repealed or replaced from time to time;

g.  “Bulk Water User” means any customer who draws water from a pipe or connection located at any of the County’s Bulk Water Stations;

h.  “By-law” means this by-law as amended, repealed or replaced from time to time;

i.  “By-law Enforcement Officer” means a person designated by Council as an enforcement officer for the purposes of enforcing this by-law;

j.  “Consumer” means any property owner, tenant, lease or water hauler drawing upon or using County supplied water services;

k.  “County” means the Corporation of Haldimand County;

l.  “Cross Connection” means any actual or potential connection between a Potable Water supply or system and any source of pollution or contamination and includes any by-pass, jumper connection, removable section of pipe, swivel or change-over device and any other temporary or permanent connecting arrangement through which backflow may occur;

m.  “Haldimand County Design Criteria” means the specifications by which the County request all persons to adhere to with respect to developments, subdivisions, site servicing, demolitions or any other construction process as deemed necessary by the County;

n.  “Industrial” shall mean of or pertaining to industry, manufacturing, commerce, trade, commercial business or institutions as distinguished from domestic or residential;

o.  “Large Water User” means a customer using a monthly volume that, in the opinion of the Water Purveyor, places a significant demand on the Water Works system(s) or that exceeds a monthly volume of 25,000m.

p.  “Main” means a pipe situated within the highway or an easement, as defined in the Act, the purpose of which is to provide water to service pipes;

q.  “Main Stop” means the main stop or main cock is the valve located on the watermain at the service connection that is used to control the flow of water to a Municipal Water Connection;

r.  “Municipal Fire Hydrant” means a fire hydrant owned and maintained by the County and located within public right-of-ways or within easement boundaries;

s.  “Municipal Water” means any water or waterworks which is owned and controlled by the County;

t.  “Municipal Water Connection” means the pipe portion of a drinking-water system that extends from the municipal Water Works to a Private Water Connection commonly located within the limits of the public road allowance or other public land interests held for water purposes;

u.  “Owner” or “operator” means the person who owns a Premises or property or operates any facility or activity which is subject to the provisions of this by-law;

v.  “Person” includes an individual, association, partnership, corporation, municipality or an agent or employee thereof;

w.  “Plumber” means a plumber as defined in the regulations issued pursuant to the provisions of the Building Code Act;

x.  “Plumbing” means the system of pipes installed in a building for the distribution of Potable Water;

y.  “Plumbing Code” means installation in accordance with the provisions of the Building Code Act;

z.  “Potable Water” means water that does not contain objectionable pollution, contamination, minerals or infective agents and is considered satisfactory for drinking;

aa.  “Premises” means a tract of land including its buildings, together with its grounds or other appurtenances;

bb.  “Premises Isolation” means isolation of the water located within a building or structure from the County’s water supply;

cc.  “Private Fire Hydrant” means a fire hydrant owned by a private property owner and located within private property boundaries;

dd.  “Private Fire Protection Service” means any piping within private property boundaries used exclusively for fire control and suppression;

ee.  “Private Water Connection” means the pipe portion of a drinking-water system that extends from the Municipal Water Connection to the Premises, commonly lying within the limits of the private lands or as defined by the Water Purveyor;

ff.  “Service Connection” means a point where a Municipal Water Connection connects to the drinking water system;

gg.  “Service Valve or Box” means the property line water shut-off accessible by County staff for the control of supply of water to each Private Water Connection. The service valve or box shall form part of the Municipal Water Connection;

hh.  “Source Isolation” means isolation of the water located within or having flowed through a source or potential source of contamination within a building or structure including a device, machine, water system or the like, from any Potable Water system;

ii.  “Standard Methods” means a procedure or method set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation, latest edition or any successor thereof, or a procedure published by the Ontario Ministry of the Environment as a standard method or the equivalent of a standard method;

jj.  “Uncontaminated Water” means Potable Water as supplied by the County or any other water with a level of quality that is typical of Potable Water to which no matter has been added as a consequence of its use;

kk.  “Water and Wastewater Fees and Service Charges By-law” means a by-law enacted by the County pursuant to the provisions of the Municipal Act, 2001 which enables a municipality to impose fees and charges;

ll.  “Water Main” means any system of pipes and appurtenances used for the distribution of drinking water.

mm.  “Water Meter” means a device designed and tested to determine the quantity of water entering the Premises through the Municipal Water Connection complete with all necessary accessories;

nn.  “Water Purveyor” means the General Manager of Public Works for the Corporation of Haldimand County and his or her successors or his or her duly authorized representative or designate;

oo.  “Water Works” includes any and all County-owned buildings, structures, equipment, appurtenances, devices, conduits, underground pipelines, Municipal Water Connection, outlets, and related installations and other works so designed for the distribution of water and includes lands over which an easement or consent has been granted or lands appropriated for such purposes and uses;

pp.  “Zone Isolation” means the isolation of the water located within an area of a building or structure from any Potable Water system located within such building or structure.

2. General Provisions

1.  The purpose of this by-law is to regulate the use of the County’s municipal Potable Water and to protect the integrity of the treatment facilities, distribution infrastructure and the source water supply.

2.  The County shall manage and maintain the Water Works in accordance with the provisions of this by-law and the provisions of the Municipal Act, 2001, the Safe Drinking Water Act, the Ontario Water Resources Act, the Water Opportunities Act, the Ontario Building Code Act, the Ontario Building Code, the Fire Protection and Prevention Act, the Ontario Fire Code, the Provincial Offences Act, and Regulations established in force from time to time.

3.  The County shall use reasonable diligence in providing a regular and uninterrupted supply and quality of water, but does not guarantee a constant service or the maintenance of unvaried pressure or quality or supply of water. The failure to supply water of a quantity or quality as may be required by a consumer shall not be construed  as neglect on the part of the County.

4.  The County is not liable for damages caused by:

1. 1. the breaking of any Private Water Connection or associated Plumbing, or
   2. an interruption of supply as a result of shutting off water for repairs or maintenance.

3. General Prohibitions

1.  No person shall maliciously, willfully, or negligently operate, obstruct, damage, deface, remove or tamper with any structure, appurtenance, or equipment, which is part of the County’s Water Works.

2.  No person shall be permitted to take water from any part of the County’s Water Works without authorization from the Water Purveyor.

3.  No work shall be undertaken or performed on any Private Water Connection or associated plumbing by an employee, agent or contractor of the County without authorization of the Water Purveyor.

4.  Every person shall, at their expense, keep the Private Water Connection and water meter in good order and condition and adequately protected from freezing.

5.  No person shall willfully let off or discharge water so that the water runs unnecessarily out of the Water Works or a Private Water Connection.

4. Application

1.  Nothing in this by-law shall be interpreted so as to permit anything which by the provision of any applicable federal or provincial Act or Regulation is prohibited.

2.  Where there is a conflict between the provisions of this by-law and the provisions of a federal or provincial Act or Regulation, the provisions of the applicable Act or Regulation shall prevail.

3.  Where there is a conflict between the provisions of this by-law and another by-law of the County, the provision that is the most restrictive shall prevail.

5. Administrative and Enforcement

9.  The Water Purveyor is responsible for the administration and enforcement of this by-law and may assign duties to such persons, officers and inspectors as necessary to carry out the provisions of this by-law.

10.  The County in its own right shall have the sole responsibility, authority, power and capacity to construct, maintain and operate all waterworks plants and equipment within  its boundaries, to establish whether and the terms upon which municipalities or persons outside the County may be allowed to connect to the said waterworks as consumers, and the rates to be charged for water delivered to such consumers.

11.  All forms referenced within this by-law can be obtained or referenced through the County’s website or by contacting the Environmental Services Division.

12.  Schedules “A” through “C” attached form part of this by-law.

6. Water Fees and Service Charges

1.  Fees in relation to applications and other requirements of this by-law shall be as set out in the Water and Wastewater Fees and Service Charges By-law.

2.  Any person in violation of Section 5, Subsection (3) of this by-law, is subject to applicable fees and charges as identified in the Water and Wastewater Fees and Service Charges By-law.

3.  The water consumed on all Premises in the County shall be charged for as indicated by the water meter on each respective property at rates indicated in the Water and Wastewater Fees and Service Charges By-law.

4.  At the sole discretion of the County, security deposits may be required before providing connection/reconnection to a municipal water service, the amount of such deposit to be at the determination of the County and as provided for in the Water and Wastewater Fees and Service Charges By-law. Such deposits may be used at the County’s sole discretion to cover unpaid fees and charges and may result in discontinuation of services until such deposit funds are replenished.

5.  Any adjustments to monthly billings are subject to back billings or refunds for water and wastewater services for up to two years subject to ownership changes and does not include interest charges or credits.

7. Water Connections/ Disconnections

1. 1. Completing and submitting to the Water Purveyor, a Water and Sewer Connection Application;
   2. Receiving approval in writing from the Water Purveyor to construct such connection; and
   3. Paying in full to the Treasurer of Haldimand County, any fees or charges related to the administration of this By-law.

2.  No person shall construct a water connection except in accordance with the Standards set forth by the current “Haldimand County Design Criteria”.

3.  No person shall cover over, connect to, any public water, or use any water connection without first having had it inspected by the Water Purveyor or person authorized by the Water Purveyor for such purpose and receiving the written approval of the Water Purveyor for such activities.

4.  Where it is determined an existing Municipal Water Connection no longer meets the demand of a Premises, a larger Municipal Water Connection can be installed, upon approval by the Water Purveyor, at the expense of the property owner.

5.  Should a property owner elect to change the size of an existing Municipal Water Connection, the connection must be properly disconnected as per the County’s disconnection procedure.

6.  Before the initial supply of water or any subsequent reconnection to any Premises in the County, the Owner shall make application for same, and the Owner shall be governed by the requirements of this by-law.

7.  Where a parcel of land is not adjacent to a Water Main and an application has been received for approval to connect, the property owner/developer, at their expense, will be required to extend the Water Main to the furthest boundaries of the frontage of the property in question prior to developing that parcel of land. The Water Main extension must comply with all requirements of this by-law and any other standards or requirements.

8.  Only one Municipal Water Connection per Premise shall be permitted, unless authorized in writing, by the Water Purveyor.

9.  No Service Valve or Box shall be placed on a Municipal Water Connection pipe except in such a place approved by the Water Purveyor.

10.  The Service Valve or Box shall be located at grade level and shall be in good working condition, prior to the installation of a Water Meter.

11.  Where an Owner no longer requires water to a Premise, a written request to disconnect from the municipal Water Works must be provided to the Water Purveyor. Upon approval, the Owner will be provided the County’s Procedure for Permanent Disconnection of a Municipal Water Connection.

8. Water Meters

11.  If it is determined that a meter fails to register accurately, the quantity of water consumed during the period of such failure shall be estimated by the Treasurer on the basis of the analysis of the historical data, past or present. The property owner remains liable for the quantity of water used, prior to installation of an accurate meter, based on the estimate as so determined.

12.  No person shall remove a Water Meter for testing except the Water Purveyor. A Water Meter will not be tested until the property owner has made a written request approved by the Water Purveyor. If the water meter tests within the manufacturer’s operating specifications, a fee as set out in the Water and Wastewater Fees and Service Charges By-law will apply. If the meter tests outside of the manufacturer’s operating specifications, the County shall adjust the water bill accordingly.

13.  In the event of a discrepancy between the register head reading and the remote reading, the register head reading will be used for billing purposes.

9.  Fire Protection

1.  All Water Connections supplying water from the Municipal water supply system for fire protection must be solely used for fire protection needs.

2.  No person shall place an obstruction of any kind at a distance of less than one and one-half (1 ½) meters from any Municipal Fire Hydrant.

3.  No person shall operate, tamper with or remove water from any Municipal Fire Hydrant without authorization from the Water Purveyor.

4.  Maintenance of Private Fire Protection Services, including fire hydrants, is the responsibility of the property Owner and is to be at a level as defined under the Fire Protection and Prevention Act. Should such lack of maintenance result in a loss of water, the Water Purveyor reserves the right to shut off or disconnect the service at the property line. The Water Purveyor will attempt to provide documentation identifying the concern together with notification of the turn-off or disconnection of the service.

5.  Prior to the testing of private fire protection facilities, a letter explaining the procedures to be taken, time of such testing and location must be provided to the Water Purveyor. The Water Purveyor reserves the right to refuse such testing if the aforementioned conditions are not met.

10.  Backflow Prevention/Cross Connection

1.  No person shall connect, cause to be connected, or allow to remain connected to the waterworks distribution system any piping, fixture, fitting, container or appliance that, under any circumstances, might allow any untreated water, wastewater, non-potable water, pollutant, or any other liquid, chemical or substance to enter the Water Works distribution system.

2.  No person shall connect, cause to be connected, or allow to remain connected to the waterworks distribution system any Alternate Water Supply. Where an Alternate Water Supply services the same property as a Municipal Water Connection, a physical separation between the supplies must exist thereby creating separate systems.

3.  If the Alternate Water Supply services fixtures discharge to the municipal sanitary sewer system, refer to Section 5, Discharges to Sanitary Sewer, paragraph 6a and b of the Sewer Use By-law 1085-10, as amended, for discharge requirements.

4.  Backflow Prevention Devices shall be selected, installed, maintained, and field tested in accordance with the Canadian Standards Association, “Selection and installation of backflow preventers/Maintenance and field testing of backflow preventers” as amended, for all new and existing industrial, commercial, institutional and multi-residential buildings and structures, except buildings of residential occupancies within the scope of the Ontario Building Code Act, where the Municipal Water Connection services potable and/or fire protection.

5.  Every Person required to install a Backflow Prevention Device shall obtain a plumbing permit issued by the County’s Building Department, prior to commencing installation.

6.  Every Owner who has a Backflow Prevention Device located on his or her property shall ensure that results from any test conducted on the device shall be properly recorded on the County’s test report form and shall be submitted to the County within 14 days of the completion of the test. Upon test completion an inspection tag identifying the tester’s certification number and date of test must be placed on or adjacent to the device.

7.  If it is determined that the Backflow Prevention Device being tested is malfunctioning or not properly working, the owner and the County are to be notified immediately and appropriate action shall be taken to ensure continued protection of the Potable Water supply is maintained at the cost of the owner.

8.  Should the owner refuse or fail to have the identified malfunctioning Backflow Prevention Device fixed or replaced within the timeline specified by the Water Purveyor, supply of water to the property may be discontinued in order to maintain the integrity of the Water Works water quality.

11. Water Use Restrictions

1.  The Water Purveyor may temporarily restrict or prohibit the use of water from the Water Works system to:

1. 1. industrial, commercial and / or institutional properties,
   2. municipal or privately owned bulk water stations.

2.  No person shall use water for other than essential purposes, during the course of an emergency crisis or a fire in the area protected by said water system as deemed by the Water Purveyor.

3.  No person or property owner shall, being a customer, tenant, occupant or inmate of any house, building or other place supplied with water from the waterworks, lend, sell or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use or benefit of another, or to any use and benefit other than his or her own.

4.  No person shall use water in contravention to the County’s Outdoor Water Use Restrictions, identified as Schedule A, forming part of this by-law.

12. Confidential Information

1.  All information submitted to and collected by the County in administration of this by-law including information contained in any report, permit, agreement and program is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 as amended.

13. Offences

2.  Every corporation convicted of an offence under this by-law is liable:

1. 1. on a first conviction, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $50,000.00; and
   2. on each subsequent conviction, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $100,000.00.

14. Appeals

1.  Any person that wishes to appeal a decision of the Water Purveyor related to this by-law may request to make a delegation before Haldimand County Council.

15. Severability

1.  If any section or sections of this by-law or part thereof, is found in any court of law to be illegal or beyond the power of the County to enact, such section or sections or part thereof shall be deemed to be severable and all other sections or parts of the by-law shall be deemed to be separate and independent thereof and to be enacted as such.

16. Repeal

1.  By-law No. 53-00 and any amendments thereto are hereby repealed.

17. Coming into Force

1.  This by-law shall come into force and take effect on the day upon which it is passed.

2.  This by-law shall be known and may be referred to as the “Water Use By-law”.